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On Marijuana, the Work Continues

Oregon’s Measure 91 was rightly called “the new Gold Standard” of marijuana law reform bills even before voters approved it, with 56% of the vote, on Election Day 2014. What most appealed to voters, according to polling, were the criminal justice reform aspects of the initiative. Even though Oregon had led the nation in 1973 by decriminalizing possession of small amounts of marijuana, thousands of people were still being arrested each year for marijuana infractions. Oregonians clearly wanted to put a stop to that.

April 7, 2016

ACLU Continues to Seek Clarity on Walgreens-Providence Collaboration

By Leah Rutman, ACLU-WA Policy Counsel

There continues to be a lack of clarity as to whether the health clinics to be opened in Washington and Oregon through a collaboration of Walgreens and Providence Health & Services will be bound by religious doctrine. The ACLU is pleased to have received assurances from Walgreens that its pharmacies will continue to provide services free of religious restrictions. But we are disappointed that we have not received similar assurances regarding the soon-to-open clinics.

On December 14, the ACLU of Washington, the ACLU of Oregon and 17 other public interest organizations that advocate for patients’ rights and comprehensive health care access sent a letter to Walgreens requesting information about its strategic collaboration for the opening of up to 25 clinics in Washington and Oregon with Providence Health & Services, a Catholic health care provider. Walgreens is the nation’s largest drug store chain.

The organizations sought to learn whether religious doctrine will limit access to important medical services, information, and referrals at the clinics, and will limit Walgreens pharmacies’ ability to fill prescriptions.

February 17, 2016

Damning Report Reveals Racial and Ethnic Disparities in Multnomah County’s Criminal Justice System

February 11, 2016 - A new report reveals people of color are negatively impacted in greater numbers than whites at every stage of the criminal justice system in Multnomah County. The county's Racial and Ethnic Disparities (RED) report shows the disparity is greatest for black people.

The report reveals that black people are 320% more likely than whites to have their crimes accepted for prosecution, 500% more likely to spend time in jail, and 600% more likely to be sentenced to prison.

While we aren’t surprised to see this evidence of racism in our criminal justice system, we are disappointed. It looks like people are being punished in Multnomah County for being black.

Communities of color deserve a system that is fair, just, and unbiased. The data shows this problem is not isolated to one or two areas but is systemic. Over the years we have seen data related to specific aspects of the criminal justice system (such as traffic stops and drug exclusion zones) that also confirm that racial disparities exist in Portland and Multnomah County.

Yet there has been little or no institutional curiosity to find out why these stark disparities exist.

February 11, 2016

Standing Up for Someone We Disagree With

by David Rogers, Executive Director

Making sense of the recent events at the Malheur National Wildlife Refuge is no easy task. Like much of the country and all of Oregon we have been watching closely. In the face of misinformation and misinterpretation of our position, let me be clear. We believe the militia occupiers should be held accountable for their actions. We have questions about the government’s approach to accountability in the specific case on Pete Santilli, one of those arrested.

We are not representing Santilli or any of the occupiers. We are not defending what he has to say, only his right to say it.

Many find Pete Santilli’s videos and radio show to be offensive and repugnant. In America we are allowed to express our views, including antigovernment or sophomoric views, without fear of government reprisal. In the court of public opinion, we can reject this type of speech as hateful rhetoric, but we cannot be thrown in jail solely for our speech. Is that what happened here? That’s the question we are posing.

The ACLU has a long history of standing up for free expression and it often finds us strange bedfellows with groups we fundamentally disagree with. What it comes down to is the First Amendment applies to all people – no matter who they are or what they believe.

February 10, 2016

The First Amendment Rights of “Shock-Jock” Pete Santilli

Pete Santilli, who hosts an internet radio show and YouTube channel with over 60,000 viewers, had dedicated his show to covering the occupation of the Malheur National Wildlife Refuge as an embedded journalist. This coverage was the basis for his arrest warrant as well as a threadbare indictment on a charge of conspiracy to impede federal officers by use of force, intimidation and threats. If convicted of this federal felony, Santilli could face up to six years in prison.

The ACLU of Oregon stands in solidarity with the thousands of Oregonians, particularly in rural communities, who are peacefully protesting the unwanted militia occupation in Harney County. There are reports that some of these occupiers have been intimidating and threatening community members. These are not social change strategies we support. Likewise, it is not lost on us that what was framed as a protest about land rights has ignored the historic territory of the Burns Paiute Tribe and desecrated sacred cultural properties.

February 9, 2016

Portland Activist Secures First Amendment Win

by Kelly Simon, Legal Fellow

Yesterday, Portland activist Joe Walsh's fight for his First Amendment rights was vindicated. Last summer, Mr. Walsh was banned from attending future Portland City Council meetings for 60 days for disruptive behavior. He felt the exclusion violated his rights and took his case to federal court, representing himself pro se. Federal Judge Michael Simon agreed, finding the exclusion was unconstitutional under the First Amendment.

Judge Simon also struck down the ordinance the City used to create the exclusion. That ordinance gave the the Mayor broad authority and discretion to exclude, potentially indefinitely, any person in violation of any provision of the Rules of Conduct for Portland Properties, including the rule prohibiting disruption.

It was an exciting victory. However, Mr. Walsh's fight was not over yet. Earlier this month, the City Council debated whether to appeal the decision.

January 28, 2016